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Caldera

Creditor Objects To SCO's Plans 108

Posted by kdawson from the dance-in-the-old-dame-yet dept.
I Don't Believe in Imaginary Property writes "It seems that SCO is never without a trick up its sleeve. In the new '$100 million' reorganization plan, $5 million of which is cash and $95 million credit, one of the creditors is protesting because SCO is hiding the Definitive Documents until there's no time to object. In their own words, 'The debtors are proposing to file the Disclosure Statement 33 days before the hearing, in compliance with the requirement that it be filed at least 25 days before the hearing (F. R. Bankr. P. 3017). However, it is clear that this Disclosure Statement will be inadequate for evaluating the Plan, because it will not include any of the Definitive Documents. The Debtors are proposing to file the Definitive Documents separately, and to do so a mere five business days before the hearing, which is zero days before objections are due.'"
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Creditor Objects To SCO's Plans More

Creditor Objects To SCO's Plans

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  • When ... (Score:4, Insightful)

    by McGiraf ( 196030 ) on Thursday February 28, 2008 @08:15PM (#22595634)
    ... will SCO disapear? It's enough already.

    • get two more creditors and press for chapter 7 (Score:5, Interesting)

      by swschrad ( 312009 ) on Thursday February 28, 2008 @08:40PM (#22595840) Homepage Journal
      that's when it will end.

      • Re:get two more creditors and press for chapter 7 (Score:5, Insightful)

        by Nikker ( 749551 ) on Thursday February 28, 2008 @09:35PM (#22596284)
        The company just exists to piss us off and spread FUD. If they didn't want the stigma of the company they would have started fresh just putting the money to another company hiring the same legal team and taking it from a slightly different point of attack. They're one step away from being a new company anyway, Darl is being let go [linux-watch.com]there's just going to be another one. If it wasn't for them getting so much time in people's web browsers no one would even know they existed. So in short there are people with enough money involved to make the SCO company keep to its purpose, they aren't going to win anything since the OSS community is too fluid to necessarily point out a single block of code to bring down the whole "framework".

        If anything now would be the time to advocate the Linux idea / OS more than ever. Computer kids out there get called all the time to fix friends and families computers, you should offer a special $20 install that would involve you installing a distro on their computer. The price is variable of course but distro's could work with the installers to make the going rate tempting enough for anyone to attempt to offer it at the price. People would look at it as quick cash, distributions would see that the easier it is for someone to install and educate the end user the more people will install their distribution for a price. Eventually as people grow more aware of the OS they will search out to install it themselves, at this point the OS will be so easy to install and run it will catch like wild fire.

        Now the ones who were installing the OS move up to support / customization. What ever the price charged to do an install will be used as a type of yard stick of value. Eventually with computer power increasing and OS developers cooperation the time to install a running OS will take less time but as long as the price remains set and the operation is exact and efficient you will be making that $20-$40 in under 10 minutes. From there you can use that as a reference to charge for time in support and customization. As long as the initial price does not waver much people will build trust in the concept and the best will be in demand. This is the most diverse and distributed industry that will ever be.

        • Re: (Score:3, Interesting)

          by bstone ( 145356 )
          The games they've been playing, even out in clear view od the SEC and bankruptcy courts, with other people's money (millions of which went to corp execs) are probably nothing compared to what they're going to do if they take the company private. No need to report to anyone. Just declare bankruptcy when Novell wins, and pay bonuses to the execs for FUD well done, and exit with no cash to pay the creditors.

        • Re: (Score:3, Informative)

          by rucs_hack ( 784150 )
          Linux will not gain wide acceptance outside of business until high street stores have shelves full of commercial games from the major development houses and publishers.

          So no, you likely won't get many takers for the Linux install for $20, because most people who are interested would probably do it themselves.
          • A lot of games would run well on Linux if the Wine devs could get some meaningful documentation from Microsoft on how all the graphical hooks work, so that they in turn could implement all the right APIs in their own code to do the exact same thing as Windows. This is one of the interoperability issues that the EU has fined Microsoft over this week.

            Also to support the effort, more hardware vendors need to wake up and start coding Linux drivers for their products. Why, just a week ago I saw a great deal on a
            • Lexmark has long snubbed Linux in the driver department. It goes back for years.

              • Re: (Score:3, Informative)

                by geminidomino ( 614729 ) *
                Since Lexmark has also long snubbed its printers in the quality department, I, as a linux user, have absolutely no problem with that.

          • Re: (Score:2)

            by Nikker ( 749551 )
            The idea is to sell the $20 install and yes as the bar raises in terms of exposure and acceptance people will install it themselves that is the idea. Once they do that they will need more advanced services which cost more. It would be similar to creating a "business" ;)

    • Re:When ... (Score:4, Funny)

      by dpilot ( 134227 ) on Thursday February 28, 2008 @09:14PM (#22596094) Homepage Journal
      When Duke Nukem Forever goes on sale, of course.
    • I'm not even sure what their purpose is now... I wasn't sure what their purpose was before, when they were trying to sue people for using Linux, but now that they can't legally do that, what DO they do?
    • While it was Sun and MS that originally started this crap, Sun pulled out once caught (and sold their ill gotten stock), and it has been a total MS deal every since. Vista has not taken off. Had it done so, then SCO would have chap 7 long ago.

      • Re: (Score:3, Insightful)

        by Zeinfeld ( 263942 )
        While it was Sun and MS that originally started this crap, Sun pulled out once caught (and sold their ill gotten stock), and it has been a total MS deal every since. Vista has not taken off. Had it done so, then SCO would have chap 7 long ago.

        It was and continues to be a total SCO deal. The money they extorted from Sun and Microsoft is pretty much in line with other IPR ransom demands. IBM has so far spent at least $100 million litigating this one, Novell at least $10 million. IBM could have settled for l

        • Re: (Score:2)

          by epine ( 68316 )
          If you offer blood to a vampire, it soon returns stronger and in greater numbers. The plague and pestilence will not end until you drive a stake through its heart. If that costs $100m up front, it's money well invested.

          IBM could have settled for less than they have spent ...

          That's an elementary error in game theory, the failure to distinguish a single instance game from an iterated game.

          It's also an elementary error in management theory: failure to distinguish a narrow effect from broad and recurring effects.

          It's a also an elementary error in basic manhood: s

          • If you offer blood to a vampire, it soon returns stronger and in greater numbers. The plague and pestilence will not end until you drive a stake through its heart. If that costs $100m up front, it's money well invested.

            Yes, but the problem is that the stakes cost $2 million each and the supply of vampires is rather larger than you might imagine.

            Why is it the duty of the victims to take on what has become a government sponsored extortion racket? Doesn't the government have a responsibility to act as well

  • Surprise anyone? (Score:5, Insightful)

    by KingKaneOfNod ( 583208 ) on Thursday February 28, 2008 @08:16PM (#22595644)
    Hiding important information has always been one of SCO's favourite strategies, right? (e.g. "Linux infringes on our IP, but we can't tell you where, how, or why.").

    • It's a flaw in the American judicial system (Score:5, Insightful)

      by Anonymous Coward on Thursday February 28, 2008 @08:34PM (#22595796)
      SCO was able to spew its fud at will in America, no proof required. In Germany they got slapped down. The German courts said in effect: "If you can't prove what you're saying is true, you have to shut up."

      It is pathetic that SCO has been able to drag this farce out for so long.

      • Re: (Score:2)

        by Rich0 ( 548339 )
        Hmm - just a smaller version of the OJ Simpson trial.

        For whatever reason in the US you can basically tie up courts as long as you'd like. First person to run out of money loses.

        Just about any kind of litigation costs a fortune here - mainly because stuff gets dragged out forever...
    • Uhhh... that wasn't a strategy, that was a stalling tactic.

      From wikipedia: A strategy is a long term plan of action designed to achieve a particular goal, most often "winning".

      Unless their goal was something other than "winning".

      • Re: (Score:3, Insightful)

        by samkass ( 174571 )
        As I understood it, their strategy was to claim vague infringement then try to uncover actual infringement in the discovery process when IBM was forced to turn over all their source code. Normally "fishing" like this is frowned upon, but they seemed to have gotten away with it. When they STILL couldn't come up with any infringement, I think, is when the judge started really limiting their shenanigans, though.

      • Unless their goal was something other than "winning".

        The goal has been "FUDding" all along.

        This whole thing has been an obvious farce that Karl Rove would have been proud of perpetrated by the Monopoly to sow fear, uncertainty and doubt while trying to advance the latest sinking flagship OS on the world, all in the hope that the entire world would be so stupid, apathetic, or blind as to accept it all.

        Unfortunately for them, they chose a smarter opponent, the Linux community. Bastard Operators from Hell ar

    • "I'd gladly pay you Tuesday for a SCOburger today." --apologies to Wimpy

      Tomorrow is always an easier time to finally turn it all in, especially if you have to pull it out of your hat.

  • Tagged: (Score:5, Funny)

    by calebt3 ( 1098475 ) on Thursday February 28, 2008 @08:23PM (#22595682)
    needawoodenstakethroughtheheart
    undead
    whywontyoujustdie

    • Re:Tagged: (Score:5, Funny)

      by Daimanta ( 1140543 ) on Thursday February 28, 2008 @08:31PM (#22595754) Journal
      True, true.

      Has anobody tried any holy water?
      • I tried a silver bullet three months ago, but it disintegrated in the aura of evil surrounding the Exec.

        • Re: (Score:3, Funny)

          by xouumalperxe ( 815707 )

          I tried a silver bullet three months ago, but it disintegrated in the aura of evil surrounding the Exec.

          You must be new here. Everybody knows there's no such thing as Silver Bullets in IT.

        • "I tried a silver bullet three months ago, but it disintegrated in the aura of evil surrounding the Exec."

          No no no, silver bullets are for werewolves. To vanquish evil assholes, you need to hit'em with a silver suppository!
      • It might be worth trying sprinkling salt on them...

        • Re: (Score:3, Funny)

          by rucs_hack ( 784150 )
          It might be worth trying sprinkling salt on them...

          THE POWER OF STALLMAN COMPELS YOU!!!111one.

          Or something of that nature

      • Re:Tagged: (Score:5, Insightful)

        by Fantastic Lad ( 198284 ) on Thursday February 28, 2008 @10:27PM (#22596702)
        Knowledge is power. Knowledge shared is power lost.???

        Speaking of tags. . .

        Holding knowledge of another's dark secrets is one of the foremost ways the game of politics is played.

        I remember knowing the daughter of a political figure who had taught her well; he took her out drinking often when she was only a young teen so that she could build up a high tolerance to alcohol. He taught her how to dig up secrets in her opponents, and he taught her how to corrupt her fellows so that they would have secrets to fear losing control of. He was grooming he for political life; in short, he taught her the ways of Fear.

        Early on when I met her, I told her that my way of living was to remain open about everything; there was no secret I would be too frightened to share, and in this way, there was no way I could be bound or controlled. I saw fear in her eyes when she looked at me then, and I didn't understand why until I got to know her better.

        I have seen more harm arise from secrets kept than I ever would have imagined possible. And I have seen the most ludicrous acts which would normally be sorely condemned by society, not only easily forgiven but benefited from by entire communities simply because the participants were never afraid to share their thoughts and actions openly.

        In this way, knowledge shared is power gained, and that is the only kind of power one really needs, because Good Guys don't play chess.

        Just some thoughts.


        -FL

        • Re: (Score:2, Funny)

          by corbettw ( 214229 )
          Wow, you knew Hillary Clinton when she was a kid?

          So, you an Obama supporter now?

        • Re: (Score:3, Insightful)

          by Mudd Guy ( 716972 )

          Interesting thoughts. You touch on a theme that I have been thinking about lately: zero sum games versus more creative solutions.

          So often we get stuck in zero sum games. You give up knowledge: I win; you lose. You get what you want: you win, I lose.

          But it doesn't have to be that way. Shared knowledge can mean gains for both parties. Enabling your collaborators (competitors?) allows you to concentrate on your strengths.

          Indeed, life does not have to be a chess match. But creativity and innovation are of

        • Re: (Score:2, Insightful)

          by justinlee37 ( 993373 )
          There are no "Good Guys," and we all play chess. You've just caught on to one of the advanced moves.
        • That's horrible. He raised his daughter to be a moral-lacking manipulative cunt? I mean, I'm kind of controlling and manipulative but I still evaluate right and wrong in the playing field and work on the open-honest angle, and with no blackmail (I'd never disseminate anything someone told me in private without serious reason, like it being the only way to make them stop damaging me with distortion of related facts).

          There are better ways to deal with people than lie-cheat-steal-blackmail. Yes, even if you
      • They fear cold iron!

      • Re: (Score:1)

        by jagdish ( 981925 )
        Or Jesus disks?

    • Re: (Score:2)

      by Nimey ( 114278 )
      Flamethrowers. Fire should be enough to make Darl /stay/ down.

  • Yes, well... (Score:5, Informative)

    by djupedal ( 584558 ) on Thursday February 28, 2008 @08:24PM (#22595694)
    The press release stated that Stephen Norris Capital Partners was doing the deal, that it was a limited partnership, without specifying in which state, and it listed Norris as "managing partner" of SNCP:

            "We saw a tremendous investment opportunity in SCO and its vast range of products and services, including many new innovations ready or soon to be ready to be released into the marketplace," said Stephen Norris, managing partner for SCNP....

            About Stephen Norris Partners

            Stephen Norris & Co. Capital Partners, L.P. is a private equity investment partnership formed to (i) "co-invest" alongside well established and successful private equity and leveraged buyout firms, (ii) take advantage of the business experience and relationships of its Investment Committee, including Steve Norris' long-standing relationships and substantial private equity experience.

    While the press release says that SNCP is a partnership, the MOU says it's a deal between SCO and STEVE NORRIS CAPITAL PARTNERS, LLC and it defines SNCP as "Stephen Norris Capital Partners, LLC" and it further says it's a Delaware limited liability company ("Investment Team: Stephen Norris Capital Partners, LLC, a Delaware limited liability company ("SNCP").").

    • Re:Yes, well... (Score:5, Insightful)

      by n6kuy ( 172098 ) on Thursday February 28, 2008 @09:03PM (#22596014)
      "We saw a tremendous investment opportunity in SCO and its vast range of products and services, including many new innovations ready or soon to be ready to be released into the marketplace,"

      I guess "products and services" means troll patents and lawsuits.
      I wonder what "new innovations" of these they are about to unleash?
      • "I wonder what "new innovations" of these they are about to unleash?"

        Don't hold your breath - the $100 mil was more of a bailout than a future-booster.

  • SCO... (Score:5, Funny)

    by Archeopteryx ( 4648 ) <benburchNO@SPAMpobox.com> on Thursday February 28, 2008 @08:30PM (#22595746) Homepage
    ...you will never find a more wretched hive of scum and villainy.

  • Get your money NOW! (Score:3, Insightful)

    by canuck57 ( 662392 ) on Thursday February 28, 2008 @08:33PM (#22595786)

    Hey, with these guys, get your money now. The lawyers fees will eat it otherwise.

    Totally amazes me how this takes so long to say what everyone believes, SCO - go-away. You have no claim nor future.

  • Why is SCO still news?
    Sounds like the creditors are getting what they deserve. Lay down with dogs...

    • Re:News? (Score:5, Interesting)

      by Iphtashu Fitz ( 263795 ) on Thursday February 28, 2008 @08:53PM (#22595940)
      It's still news because the LP offering to buy them is doing so in order to continue the linux litigation that got SCO into this current situation. No surprise, there's a lot of speculation that Microsoft is somehow behind the sudden desire of this LP to acquire SCO and continue the litigation since it helps to continue a FUD campaign that Microsoft would love to see continue.

      • Re:News? (Score:5, Insightful)

        by PinkyGigglebrain ( 730753 ) on Friday February 29, 2008 @02:49AM (#22597872)
        Another poster pointed out awhile back that another reason for this buy out of SCO is to keep its internal records from becoming public.

        The whole thing is just a ploy to shield all those internal emails and documents that would reveal just who was really behind it all, we all know that M$ is in on it but who else could there be? What other companies or business interests have benefited from the FUD that SCO has generated?

        By buying SCO and taking it back to a privatively held company it could be quietly dismantled and the evidence of collusion and conspiracy buried permanently.

      • Re: (Score:2)

        by jimicus ( 737525 )
        Would that be the FUD campaign that has so far put off remarkably few businesses, not really had much of an impact on IBM, Red Hat or Novell's bottom line and been smacked down in court so many times now it's a wonder that nobody's been brought up for wasting the courts' time?

        If Microsoft is behind this VC taking an interest in SCO, I can think of only two possible reasons:

        1. They don't know when to give up and look for another tack. Possible, certainly.
        2. There is a lot more to this than we already know

  • Here is the real story (Score:5, Insightful)

    by Anonymous Coward on Thursday February 28, 2008 @08:40PM (#22595844)
    Here is the real story:

    Legitimate businesses are dying for venture capital. And here it is, being wasted.

    • Re:Here is the real story (Score:5, Interesting)

      by HangingChad ( 677530 ) on Friday February 29, 2008 @01:01AM (#22597466) Homepage

      Legitimate businesses are dying for venture capital. And here it is, being wasted.

      And anyone with two neurons left to rub together to make a spark would know that. You'd think anyone investing 100 million dollars would be a little more careful about where their money's going, wouldn't you? But they're not really investing a 100 million, they're investing 5 million.

      So someone is willing to put up five mil to SCO in exchange for nothing. That same someone thinks that five million is not being wasted. Since they're getting nothing from SCO, what are they getting? Not that this bizarro world plan has any chance getting past the trustee, but where do they keep finding collaborators to go along with this fraud?

      Another line of questioning might ask who could get someone do go along with flushing 100 million, or even five million down the toilet? That's a shorter list. Because if SCO goes begging for dollars, they'd get laughed out of the room. So it's not SCO. That would leave Microsoft. They have lots of money. People with money usually have friends with money. But what's Microsoft getting at this point? Nothing. This case exhausted its value to them years ago. Vista is a giant, steaming turd and everyone knows it. Linux and Apple are feasting on their entrails and the EU is hitting them with billions in fines.

      So, what's the five million for?

      • So, what's the five million for?

        "Teh lulz", obviously. At this point SCO is a practical joke perpetuated by multimillionaires.

      • Re: (Score:2)

        by drew ( 2081 )
        Well, it may be a bit of a stretch, but I can think of at least one company with an awful lot of money that has good reason to make sure SCO doesn't die before their lawsuits are settled...
      • > So, what's the five million for?

        Total speculation: maybe this is the part where msft wants the scam to just go away. Act as if it never happened. So everybody gets enough loot, so that they have nothing to really bitch about. Then scox is taken private, and disovled.

      • Re: (Score:2)

        by Tom ( 822 )

        So, what's the five million for?
        My guess: Keeping certain documents hidden and certain people out of jail (where they would talk).

  • Haha (Score:2, Funny)

    by Anonymous Coward
    Fair payback to the creditors helping to keep that turkey afloat. What, you thought they only were out to screw other people?

  • Settle it more efficiently! (Score:5, Funny)

    by rice_burners_suck ( 243660 ) on Thursday February 28, 2008 @09:00PM (#22595982)
    I think all this court-related mumbo-jumbo should be dropped in favor of a more efficient way to settle things. Darl and Linus should meet in a forest, with witnesses from both sides. They should stand back-to-back, walk ten paces, turn around, and shoot. Darl should be given a water gun. Linus should be given a BFG-9000.

  • Not a creditor (Score:5, Informative)

    by elronxenu ( 117773 ) on Thursday February 28, 2008 @09:02PM (#22596000) Homepage
    Actually it's Al Petrofsky's filing, and he's a shareholder (and not to my knowledge a creditor).

  • Reminds me of a story about. . . (Score:3, Funny)

    by Fantastic Lad ( 198284 ) on Thursday February 28, 2008 @10:42PM (#22596794)
    The Lady and the Snake. . .

    The Lady falls in love with a Snake, and she invites him into her home.
    The Snake bites her, and hurt and horrified, she cries, "I will surely die! Why? Why did you bite me?"
    "But my dear," the Snake replied, "I am a Snake, and you should have known better."

    Moral of the story? Same as every other. . . "Ignorance Endangers."


    -FL

  • Am I alone in noticing the irony that someone using the name "I don't believe in imaginary products" is contributing news on a company that really hasn't offered any sort of product in quite some time, yet still sold something?

  • Wow, Weird Writeup. (Score:5, Funny)

    by bytesex ( 112972 ) on Friday February 29, 2008 @04:05AM (#22598100) Homepage
    In Other News, Capitalizers all around the World rejoice when the Definitive Documents will not be Heard of, or Seen, before the Disclose Statement has been passed before the Council of the Upper Case. Shift key Users all around the Planet will express their Utmost Pleasure at the Revealing of the Plan. Dr Evil, in the mean time, who is an Ardent Caps Lock Aficionado, will make all Debtors Disappear. It's That Easy.
  • Serves them right for investing in SCO. Muppets.
  • SCO == SCO's Creditors Object.

  • SCO == Slimy Conniving Obfuscators

    or if you prefer:

    Smelly Cumwad Onanists

    Smarmy Cretinous Organization

    Scat Consuming Organisms

    Smoke Casting Operators

    Sue-happy Criminal Operation

    Silly Craven Oblocutors

    Sullen Crooked Obscurators

    Seed Capital Obliterators

    Silly Corporate Odditorium

    Shit Casting Odibles

    Saccadic Cacogenic Onomancers

    Sacculiformed Coprolithic Oschealopaths

    Salacious Contumacious Ophidians

    Sanctimonious Contemptuous Opisthosomes ... did I leave anything out??
  • A fool and their money are soon parted.

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